V SRINIVASARAGHAVAN Vs. V SUNDARARAJAN

JUDGEMENT

(1.) This is an application for compensation.

(2.) The facts are: C. S. No. 499 of 1949 was filed by V. Srinivasa Raghavan residing at No. 29, Gangadareswarar Koil Street, Purasawalkam, Madras, against his brother V. Sundararajan, residing at No. 8, Lawders Gate Road, Vepery, Madras. The litigants arc brothers. The plaintiff Srinivasa Raghavan is one of the Auctioneers of the Madras High Court since 1927 and of the High-Court of Bombay, Mysore, Travancore and Cochin for several years, to the Government of India, as Auctioneers to the Collector of Customs and to the Government of Madras, Madhya Bharat, Cooch Behar and Hyderabad in addition to the Central Bank of India, Bank of Mysore, Nedungadi Bank, Palai Central Bank and United Bank of India, Calcutta and Habeeb Bank Ltd., Bombay and several Insurance Companies of Bombay. The defendant is an advocate of this Court, Mysore Court, and the Supreme Court.

(3.) This suit C. S. 499 of 1949 was filed for taking of an account of the properties forming the subject-matter of the trust under a deed dated 3-8-1917 and becoming subsequently available for partition; discharging the defendant from his office as trustee and directing him to render an account of the income from the trust estate and disbursements thereout during the period of his management as trustee of the said estate from August 1935 to 28-4-1949, the date of death of V. Rajalakshmi Animal, and as co-owner from 28-4-1949 till division is effected and possession of his half share is delivered to the plaintiff and for other ancillary reliefs. One of the points which was the subject-matter of this controversy was in what proportion the parties should share the moneys borrowed under the mortgage for Rs. 5,600 executed in favour of George Town Co-operative Society in June 1948.